Case law

United States v. Joseph Spriggs, III

102 F.3d 1245 · Court of Appeals for the D.C. Circuit · Feb 20, 1997

That section goes on to say that jurors so excused shall either be “summoned again” for jury service or “reinserted into the qualified jury wheel.” … We do not believe that the district judge was clearly erroneous in crediting the prosecutor’s explanation of her motives in exercising her strikes.

Exxonmobil Oil Corporation v. Federal Energy Regulatory Commission and United States of America, Western Refining Company, L.P., Intervenors

487 F.3d 945 · Court of Appeals for the D.C. Circuit · May 29, 2007

The Commission determined that “termination of the allowance would clearly act as a *953 disincentive for the use of the partnership format,” because it would lower the returns of partnerships vis-a-vis corporations, and … The question before us is whether we should therefore consider the August 2000 rates minus potential refunds to be FERC-prescribed and thus immune to reparation claims.

Ksig Broadcasting Company, Inc. v. Federal Communications Commission, Barton W. Freeland, Sr., Intervenors

445 F.2d 704 · Court of Appeals for the D.C. Circuit · May 11, 1971

In his decision the Hearing Examiner found that Rice Capital had demonstrated that it was financially qualified while KSIG had failed to carry its burden of proof on the Carroll issue as to whether the establishment of the … KSIG feels that its salary estimates, which were made by the general manager of its station, are clearly more accurate than Rice Capital’s and therefore should have been adopted by the Review Board.

Clarksburg Publishing Company v. Federal Communications Commission, Ohio Valley Broadcasting Corporation, Intervenor

225 F.2d 511 · Court of Appeals for the D.C. Circuit · Jun 9, 1955

In the newspaper field, the influence which the Ohio Valley interests exert in West Virginia is even more clearly marked. … The Commission does not desire to discourage legally qualified persons from applying for licenses, but does desire to encourage the maximum number of qualified persons to enter the field of mass communications, and to permit

Carole Kolstad, Appellant/cross-Appellee v. American Dental Association, Appellee/cross-Appellant

108 F.3d 1431 · Court of Appeals for the D.C. Circuit · May 28, 1997

. § 1981a is the same as that previously established for punitive awards under 42 U.S.C. §§ 1981 and 1983. … We note that the House Report on which the dissent relies states clearly that the new law “sets the same standard courts have applied under § 1981,” H.R.Rep.

Nos. 71-1559, 71-1712

487 F.2d 1143 · Court of Appeals for the D.C. Circuit · Jan 21, 1974

True, the present contract does not determine their wages, but these employees do benefit from other contract provisions such as that establishing vacation rights. … Where the employer has bargained for immunity from union discipline for his supervisors, such a clause may be enforced through the normal grievance adjustment procedure or arbitration machinery established in the contract

Koniag, Inc., the Village of Uyak v. Cecil D. Andrus, Secretary of the Interior, the Village of Litnik Koniag, Inc. v. Cecil D. Andrus, Secretary of the Interior, Salamatof Village Association and Cook Inlet Region, Inc. v. Cecil D. Andrus, Secretary of the Interior, the Village of Anton Larsen Bay Koniag, Inc. v. Cecil D. Andrus, Secretary of the Interior, the Village of Uganik Koniag, Inc. v. Cecil D. Andrus, Secretary of the Interior, the Village of Bells Flats Koniag, Inc. v. Cecil D. Andrus, Secretary of the Interior, the Village of Ayakulik Koniag, Inc. v. Cecil D. Andrus, Secretary of the Interior, the Village of Port William Koniag, Inc. v. Cecil D. Andrus, Secretary of the Interior, the Village of Solomon Bering Straits Native Corporation v. Cecil D. Andrus, Secretary of the Interior, Village of Alexander Creek Cook Inlet Region, Inc. v. Cecil D. Andrus, Secretary of the Interior

580 F.2d 601 · Court of Appeals for the D.C. Circuit · Apr 28, 1978

However, a regional corporation shall have the right of appeal in any case involving land selections. 59 This regulation quite clearly establishes three classes of persons who have standing: those asserting a property interest … The disclaimer in the Statehood Act clearly bars Alaska from challenging ANCSA itself.

Janice L. Booker v. Cynthia E. Edwards and Henry G. Cisneros, Secretary of the Department of Housing and Urban Development

99 F.3d 1165 · Court of Appeals for the D.C. Circuit · Nov 8, 1996

By contrast, a regulation that does not clearly establish a uniform federal rule may be construed to leave room for application of local law. See North Dakota v. … The HUD regulations here clearly fall into the former category, completely covering the issue of rights of first refusal. Booker cites Rowe v.

Board of County Commissioners v. DOT

955 F.3d 96 · Court of Appeals for the D.C. Circuit · Apr 7, 2020

To qualify as an “eligible place” for the program, a community must meet a number of requirements. 49 U.S.C. § 41731(a). … To be sure, the statutory language, which speaks in terms of “the Secretary’s satisfaction,” clearly limits the scope of our review. 49 U.S.C. § 41731(e).

Brock ex rel. Williams v. Peabody Coal Co.

822 F.2d 1134 · Court of Appeals for the D.C. Circuit · Jul 7, 1987

In a similar vein, underground miners must also receive training when assigned new tasks. 23 The regulations establish a similar scheme for training surface miners. … of their training status: The laid off miner clearly is more than just a preferred job applicant.

Wisconsin Electric Power Co. v. Department of Energy

778 F.2d 1 · Court of Appeals for the D.C. Circuit · Dec 6, 1985

That statute, among other things, establishes a system of fees to be levied on utilities which generate nuclear power in order to finance the establishment and operation of a fund to pay for the transportation, storage and … Without this qualifying phrase, the fee would be imposed on electricity from other sources, even that generated by, say, military nuclear facilities or even that generated by non-nuclear facilities.

Chaplaincy of Full Gospel Churches v. United States Navy

738 F.3d 425 · Court of Appeals for the D.C. Circuit · Dec 27, 2013

According to the chaplains, the boards take an initial secret vote and then the board president recommends two score cut- offs: candidates above the higher score are treated as clearly deserving promotion, and ones below … Establishment. The chaplains say that under Larson v.

Clackamas County, Ore. v. McKay

219 F.2d 479 · Court of Appeals for the D.C. Circuit · Apr 30, 1954

Clearly the statement above quoted from the Mine Safety case was a reaffirmation of that rule. Appellee Secretaries cite Haskins Bros. & Co. v. … Executive officers cannot under such circumstances create an area of doubt and dispute which will be outside the established power of the judiciary to compel obedience to a clear mandate of the Congress.

Deep South Broadcasting Company v. Federal Communications Commission, Triple C Broadcasting Corporation, Intervenor

347 F.2d 459 · Court of Appeals for the D.C. Circuit · Apr 1, 1965

The personnel of the Review Board must “be qualified, by reason of their training, experience, and competence, to perform * * * review functions * * 2 It is responsible solely to the Commission. … Of course, I agree with my colleagues that WKTG had the burden of establishing that a waiver of the 10 per cent rule was as appropriate in the use of 5 kw power as had already been found in its use of 1 kw power.

Chiswell v. Johnston

299 F. 681 · Court of Appeals for the D.C. Circuit · May 5, 1924

But these were all cases either of bills to establish a trust, to open settled accounts, bills not involving fraud, or where the fraud was not clearly proven, or where, with knowledge of the facts, the fraud had been deliberately … Justice Story as follows: “It is certainly true that length of time is no bar to a trust clearly established; and in a case where fraud is imputed and proved, length of time ought not, upon principles of eternal justice,

Jupiter Associates, Inc. v. Federal Communications Commission, Radio Elizabeth, Inc., Intervenor

420 F.2d 108 · Court of Appeals for the D.C. Circuit · Jul 2, 1969

There are 158 business establishments located in Matawan and these are mainly retail and service organizations since the borough has no substantial amount of manufacturing. … conclusion *114 as to the relevant population of each application was not based solely upon erroneous or out-dated statistics and, in any event, we will not require a new hearing since under the 1969 statistics the result is clearly

Women Strike for Peace v. Rogers C. B. Morton, Secretary of the Interior

472 F.2d 1273 · Court of Appeals for the D.C. Circuit · Jul 14, 1972

Second, the opinions clearly establish that, in the spectrum of appropriateness, parks are much more like state capitol grounds than they are like jails and courthouses. … It is well established that government may not place an added burden on conduct simply because it constitutes an exercise of a constitutional right.

Humane Society of the United States v. AGRI

41 F.4th 564 · Court of Appeals for the D.C. Circuit · Jul 22, 2022

Exercising this authority, the Department established a system of “designated qualified persons”— inspectors selected by management to inspect horses at their shows. … The OIG report recommended that the Department abolish the designated-qualified-person system and “establish by regulation that inspectors will be independent, USDA-accredited veterinarians.” Id. at 17.

American Electric Power Service Corporation v. Federal Energy Regulatory Commission

675 F.2d 1226 · Court of Appeals for the D.C. Circuit · Apr 23, 1982

Thus our holding should not be read as requiring FERC to establish different standards for a variety of cogeneration cases and methods. … Accordingly, the Commission proposes that for energy generated by a new facility or by capacity installed after the date of issuance of these rules, a qualifying facility be permitted to sell its output at rates established

QUALCOMM Inc. v. Federal Communications Commission

181 F.3d 1370 · Court of Appeals for the D.C. Circuit · Jul 23, 1999

[be] guarantee[d] ... a license in the new service (assuming it is otherwise qualified) by permitting the recipient of a pioneer's preference to file a license application without being subject to competing applications … As stated in Plaut, a judgment at law is generally immune to subsequent legislative changes, and an attempt by Congress to alter the legal judgment of a court implicates separation of powers principles.